[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 893

     To provide television broadcast time without charge to Senate 
                  candidates, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 5 (legislative day April 19), 1993

   Mr. Roth introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To provide television broadcast time without charge to Senate 
                  candidates, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 315(a) of 
the Communications Act of 1934 (47 U.S.C. 315) is amended to read as 
follows:
    ``(a) Allowance of Television Broadcast Time for certain 
Candidates; Censorship Prohibition.--Each licensee operating a 
television broadcasting station shall make available without charge to 
any legally qualified candidate in the general election for the office 
of United States Senator an amount of broadcast time, determined by the 
Commission under subsection (d), for use in his or her campaign for 
election, subject to the conditions and limitations of subsection (e). 
No licensee shall have power of censorship over the material broadcast 
under the provisions of this section.
    ``(b) Equal Opportunities Requirement; Censorship Prohibition; 
Allowance of Station Use.--Except in those circumstances to which 
subsection (a) applies, if any licensee shall permit any person who is 
a legally qualified candidate for any public office to use a 
broadcasting station, he or she shall afford equal opportunities to all 
other such candidates for the office in the use of such broadcasting 
station: Provided, That such licensee shall have no power of censorship 
over the material broadcast under the provisions of this section. No 
obligation is imposed under this subsection upon any licensee to allow 
the use of its station by any such candidate.
    ``(c) News Appearances Exception; Public Interest; Public Issues 
Discussion Opportunities.--Appearance by a legally qualified candidate 
on any--
            ``(1) bona fide newscast;
            ``(2) bona fide news interview;
            ``(3) bona fide news documentary (if the appearance of the 
        candidate is incidental to the presentation of the subject or 
        subjects covered by the news documentary); or
            ``(4) on-the-spot coverage of bona fide events (including 
        but not limited to political conventions and activities 
        incidental thereto);
shall not be deemed to be use of a broadcasting station within the 
meaning of subsections (a) or (b). Nothing in the foregoing sentence 
shall be construed as relieving broadcasters, in connection with the 
presentation of newscast, news interviews, new documentaries, and on-
the-spot coverage of news events, from the obligation imposed upon them 
under this chapter to operate in the public interest and to afford 
reasonable opportunity for the discussion of conflicting views on 
issues of public importance.
    ``(d) Rules and Regulations Regarding Allowance of Television 
Broadcast Time for Certain Candidates.--The Commission shall, after 
consultation with the Federal Election Commission, determine the amount 
of television broadcast time that legally qualified major-party 
candidates for a Senate office may receive under subsection (a) on the 
basis of the amount of television broadcast time used by major-party 
candidates in the previous election for the United States Senate, 
provided that at a minimum such candidates be provided an amount of 
television broadcast time necessary to make a complete presentation of 
views to the electorate in the pending election. The amount of 
television broadcast time that each candidate is eligible to receive 
and the amount of such time that each licensee must make available to 
each eligible candidate by name shall be published prior to each Senate 
election in the Federal Register by the Commission on a date 
established by regulation. The broadcast time made available under 
subsection (a) shall be made available during the forty-five-day period 
preceding the general election for such office. The Commission shall 
ensure that the television broadcast time made available under 
subsection (a) shall be made available fairly and equitably, through 
licensees commonly used by candidates seeking the particular United 
States Senate office, and at hours of the day which reflect television 
viewing habits and contemporaneous campaign practices. A legally 
qualified candidate of a party other than a party which obtained 5 
percent or more of the popular vote in the last presidential election 
shall, by regulation of the Commission, be granted an allocation of 
broadcast time in proportion to the amount of contributions under $250 
such a candidate has received when compared to such contributions 
received by candidates of the major parties, provided that such 
proportion exceeds 5 percent. The Commission shall require licensees 
operating television broadcasting stations to enter into a pooling 
agreement to ameliorate any disproportionate financial impact on 
particular licensees. For purposes of this subsection, a major party is 
a party which obtained more than 5 percent of the popular vote in the 
previous presidential election.
    ``(e) Conditions and Limitations.--The entitlement of any legally 
qualified candidate to television broadcast time under subsection (a) 
is conditional upon (1) signing an agreement to forgo both the purchase 
of any additional amount of television broadcast time, and the 
acceptance of any additional amount of television broadcast time 
purchased by another, during the period that such time is made 
available with respect to such candidacy pursuant to subsection (a) and 
the Commission's regulations, and (2) filing a copy of such agreement 
with the Commission.
    ``(f) Penalties and Remedies.--Any candidate who purchases or 
accepts purchased television broadcast time in violation of such 
agreement shall be subject, upon conviction, to imprisonment of up to 
one year or a fine of up to $10,000, or both. Any licensee who sells 
television broadcast time to a candidate, who has filed an agreement, 
in excess of the time to be provided by such licensee to such candidate 
pursuant to subsection (a) and the Commission's regulations shall be 
subject to appropriate disciplinary action by the Commission, including 
(1) an order requiring the licensee to provide an equal amount of time 
to other candidates for the same office, or (2) an order revoking the 
licensee's license.''.
    Sec. 2. Section 315 of the Communications Act of 1934 is further 
amended as follows: (1) in subsection (b) by striking the phrase ``The 
charges'' and inserting in lieu thereof ``Except to the extent that the 
provisions of subsection (a) apply, the charges''; (2) by redesignating 
subsections (b), (c), and (d) as (f), (g), and (h) respectively; and 
(3) by adding ``generally'' after ``Rules and regulations'' in 
redesignated subsection (h).
    Sec. 3. Subsection (a)(7) of section 312 of the Communications Act 
of 1934, as amended, is amended to read as follows: ``(7) for willful 
or repeated failure to comply with the provisions of section 315 of 
this title.''
    Sec. 4. Subsection (8) of section 301 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431), as amended, relating to exclusions 
from the definition of contributions, is amended as follows: (1) at the 
end of paragraph (B)(xiii) by striking the semicolon; (2) at the end of 
paragraph (B)(xiv) by striking the period and inserting ``; and'' in 
lieu thereof; and (3) at the end of paragraph (B) by adding the 
following: ``(xv) the value of any television broadcast time provided 
without charge by a licensee pursuant to section 315(a) of the 
Communications Act of 1934, as amended.''
    Sec. 5. Subsection (9) of section 301 of the Federal Election 
Campaign Act of 1971, as amended, relating to exclusions from the 
definition of expenditures, is amended as follows: (1) by inserting 
after paragraph (B)(i) the following: ``(ii) the provision without 
charge of any television broadcast time by a licensee pursuant to 
section 315(a) of the Communications Act of 1934, as amended;'' and (2) 
by redesignating subsequent subparagraphs accordingly.
    Sec. 6. The Federal Communications Commission shall study the 
application of section 315(a) of the Communications Act of 1934, as 
amended by this Act, to the first general election campaign conducted 
under the provisions of that section and shall report the results of 
that study, together with recommendations, including recommendations 
for legislation, not later than the first day of March following such 
general election. The study shall also evaluate the desirability and 
feasibility of extending the provisions of section 315(a) of the 
Communications Act of 1934 to primary and other election campaigns.
    Sec. 7. The Federal Communications Commission shall promulgate 
rules and regulations to implement this Act no later than one hundred 
and eighty days after the date of enactment of this Act. Sections 1 and 
2 of this Act shall not take effect until the first day of July 
following the promulgation of such rules and regulations.

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